WV: When asked for consent to search his house, def said ‘F*** it. Come on.’ That was consent.

“After some discussion of his choice to voluntarily agree to a search or wait until a search warrant was obtained, petitioner left the trooper’s vehicle, saying words to the effect of ‘F*** it. Come on.’ He walked toward his house with the trooper following behind him. When the trooper asked him to slow down so that he could catch up, petitioner complied.” State v. Cody, 2023 W. Va. LEXIS 338 (Sep. 15, 2023).

“Assuming, as the district court did, that the misstatements and omissions that Dow identified in the warrant affidavits were made intentionally or recklessly, they were immaterial.” United States v. Dow, 2023 U.S. App. LEXIS 24570 (9th Cir. Sep. 15, 2023).*

In a criminal excessive force civil rights prosecution, the reasonableness of force was a close question, and the government’s rebuttal argument raising using a flashlight as a weapon was inappropriate. Judgment of acquittal granted. United States v. Villanueva, 2023 U.S. Dist. LEXIS 161639 (D.N.J. Sep. 12, 2023).*

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